Bensusan Restaurant Corporation Owns and Operates a Popular, Large New

Multiple Choice

Bensusan Restaurant Corporation owns and operates a popular, large New York City jazz club called the Blue Note.Richard King owns and operates a small cabaret in Columbia, Missouri, also called the Blue Note.King's establishment features live music and attracts its customers from central Missouri.In 1996 King decided to establish a website for the purpose of advertising his cabaret.King included a disclaimer on his website in which he gave Bensusan's club a plug, but made it clear that the two businesses were unrelated.Bensusan brought suit in the federal court alleging that King had infringed on his trademark, which is protected under federal statutory law.Which of the following statements is true?

A) If Bensusan chooses to sue in federal court, the appropriate court for him to file his complaint in would be a federal appeals court.
B) Bensusan must sue in federal court because he is raising a federal question.
C) If Bensusan sues in federal court in New York, the critical inquiry for personal jurisdiction will be whether there is $75,000 in dispute.
D) If the New York federal court dismisses Bensusan's complaint for lack of personal jurisdiction, he could refile his complaint in either state or federal court in Missouri.